November 9, 1999

DAR OPINION NO. 69-99

Ms. Marieson R. Pastor

OIC-Legal Affairs Division

DAR Provincial Office

Don E. Ruiz St.

Laoag, Ilocos Norte 2900

Dear Ms. Pastor:

This refer to your letter dated 17 March 1999 requesting for opinion regarding the legality and propriety of granting honorarium to lawyers of the Public Assistance Office (PAO) who were hired to represent and appear for and in behalf of DAR in cases filed in courts, specifically, on Reconstitution of Lost Titles, Issuance of Owner's Duplicate Title and criminal cases where the farmer-beneficiaries are respondents.

You state that the Legal Affairs Division of Ilocos Norte is presently understaffed of full-fledged lawyers in view of the death of your only lawyer, thus, you were constrained to engage the services of PAO lawyers so as not to jeopardize the implementation of the Comprehensive Agrarian Reform Program.

We wish to state that as defined under National Compensation Circular (NCC) No. 75 dated 01 March 1995 (copy attached), Honoraria is a form of compensation or reward paid over and above the regular pay in recognition of gratuitous services rendered by a government personnel covered under said Circular. In general, it is paid to government personnel for additional work rendered which is not among his regular function (emphasis supplied). Sections 3 and 4 of the same Circular pertinently provide:

"COVERAGE AND EXEMPTIONS

3. 1.     This Circular shall cover the following:

3.1.1    agency personnel performing or discharging duties in agency activities or special projects in addition to or over and above their regular functions regardless of the source of fund;

xxx                      xxx                      xxx

4.1       Agency Activity/Special Project. — an undertaking by a composite group of officials/employees from one or more bureaus/offices of a department/agency or from one or more department/agencies which is not among their regular functions. An agency activity/special project which shall hereinafter be referred to as project shall have a specific timeframe of not less than one month, and shall result in an output or sets of outputs which are not part of the regular outputs of the department or agencies concerned."

On the basis of the aforequoted definition and coverage, it can fairly be inferred that the services rendered by the PAO Lawyers do not fall within the purview of the aforecited NCC No. 75, Series of 1995. Our regrets therefore.

As to the problem of unavailability of lawyers in your province, it be rather resolved within the DAR bureaucracy. Appropriate request should have been made to the DAR Regional Office or, if necessary, to the DAR Central Office which will always oblige upon request.

The aforegoing, notwithstanding, we wish to take this opportunity to express our deepest gratitude to the PAO lawyers concerned who unselfishly provided their invaluable services in the furtherance of the Program.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning